SCHIRO v. ACADIAN AMBULANCE SERVICE, INC.

No. 2007-CA-0519.

970 So.2d 677 (2007)

Jake John SCHIRO, Sr., Individually and as Administrator of the Estates of Dolores Schulte Schiro, Jake John Schiro, Jr. and Cynthia Ann Schiro v. ACADIAN AMBULANCE SERVICE, INC. and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 27, 2007.


Attorney(s) appearing for the Case

Michael J. Mestayer, Michael J. Mestayer, A PLC, New Orleans, G. Gregory Green, Law Offices of G. Gregory Green, Monroe, LA, Walter J. Leger, Jr., Leger & Shaw, New Orleans, LA, for Plaintiff/Appellant.

Stephanie B. Laborde, Angela W. Adolph, Milling Benson Woodward, L.L.P., Baton Rouge, LA, for Louisiana Patients' Compensation Fund Oversight Board.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge EDWIN A. LOMBARD and Judge LEON A. CANNIZZARO, JR.)


JOAN BERNARD ARMSTRONG, Chief Judge.

The plaintiff-appellant, Jake John Schiro, Sr., appeals a judgment of November 9, 2006, limited to a finding that his medical malpractice claims against the defendant-appellee, the Louisiana Patients' Compensation Fund Oversight Board (the "Fund") are not covered by the Louisiana Medical Malpractice Act. Such a finding effectively bars the plaintiff from any recovery against the Fund.

This case arose out of the tragic drowning...

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